Breaking News - Children with Severe Disabilities Now Exempt under Bedrrom Tax & LHA

mysterywoman10

Just got the call from the solicitior.

They have dropped the Appeal

Will post bulletin in a bit from DWP.

YESSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSS

Witch_Hazel

mysterywoman10 wrote: »

Just got the call from the solicitior.

They have dropped the Appeal

Will post bulletin in a bit from DWP.

YESSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSS

Will be interesting to see if the same will be applied to adults, in the near future.Looking forward to reading your bulletin.

nannytone_2

would be good of something was done for disabled adults but .....


fantastic news!!!!!

nannytone_2

i cant see them making anyone else exempt now to be honest.

soldiers families, foster carers and families with disabled children...

it only leaves disabled adults, the unemployed and low earners left.

Thomas_Hardy

nannytone wrote: »

would be good of something was done for disabled adults but .....


fantastic news!!!!!

Disabled adults are already allowed their own bedroom. Do you mean couples where they are unable to share a room due to disability?

Witch_Hazel

Is this the breaking news?
http://www.cpag.org.uk/content/gorry-v-secretary-state-work-and-pensions

Last updated: March 12, 2013This case establishes that the size criteria used to determine housing benefit discriminate unlawfully against disabled children who cannot share a room because of their disability. The case also benefits disabled children affected by the "bedroom tax".
UPDATE 12 March 2013
The Department for Work and Pensions have announced that they have decided to drop their appeal to the Supreme Court. According to Circular HB/CTB U2/2013:

5. The Secretary of State has today clarified the position regarding disabled children and has decided not to pursue the appeal further.
6. This means that from the date of the Court of Appeal judgment on 15 May 2012, local authorities (LAs) should allow an extra bedroom for children who are unable to share because of their severe disabilities following the guidelines as set out in paragraphs 7 to 10 below.
7. When a claimant says that their children are unable to share a bedroom, it will be for LAs to satisfy themselves that this is the case, for example, a claim is likely to be supported by medical evidence and many children are likely to be in receipt of Disability Living Allowance (DLA) for their medical condition. In addition LAs must consider not only the nature and severity of the disability, but also the nature and frequency of care required during the night, and the extent and regularity of the disturbance to the sleep of the child who would normally be required to share the bedroom. In all cases this will come down to a matter of judgement on facts of each individual case.
8. It should be noted that the judgment does not provide for an extra bedroom in other circumstances, for example, where the claimant is one of a couple who is unable to share a bedroom or where an extra room is required for equipment connected with their disability.
9. LAs were previously advised that as a result of the Court of Appeal judgment they could suspend part of the award which allowed for the extra room. For any cases where the LA has suspended for this reason, the suspension can now be lifted and the claimant notified of the revised decision. Arrears must also be paid as appropriate.
10. The Court of Appeal judgment is now considered to be case law and as such LAs are legally bound to apply the judgment.
11. The judgment applies to both the LHA size criteria and the reduction of the spare room subsidy which applies from 1 April 2013.

nannytone_2

or single disabled adults in 2 bed properties where no alternative 1 bed property is available,
or people living in larger adapted houses

Own_My_Own

mysterywoman10 wrote: »

Just got the call from the solicitior.

They have dropped the Appeal

Will post bulletin in a bit from DWP.

YESSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSS

:j Well Done !!!:j

Thomas_Hardy

nannytone wrote: »

or single disabled adults in 2 bed properties where no alternative 1 bed property is available,
or people living in larger adapted houses

Why should they be any different to non disabled people in the same position, or those living in privately rented accommodation?

mysterywoman10

Yes it is thank you Witch Hazel was on the phone

No this will hopefully apply to Couples and other disabled people as well.

What this dropping of the Appeal means is that the Government have conceeded that they discriminated against Disabled People. This is why it is such an important precedent.

We are working now on advice for Couples and others it will mean a few appeals but this now stands firm in law as Case precedent

Hence why I said if they had made a small charge to all they would have got away with it as they have in LHA rather than using the sizing criteria.

This is a massive victory for Disability Rights across the board.

mysterywoman10

Thomas_Hardy wrote: »

Why should they be any different to non disabled people in the same position, or those living in privately rented accommodation?

Because they are a protected group and do not have the same choices.